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Supreme Court: Calling Husband Impotent Is Not Abetment to Suicide

Supreme Court: Calling Husband Impotent Is Not Abetment to Suicide

The Supreme Court of India has ruled that calling a husband “impotent” or using abusive language during a marital dispute does not amount to abetment to suicide under Section 306 of the Indian Penal Code (IPC).

The case involved a man who died by suicide. In his suicide note, he mentioned that his in-laws had called him “impotent” and used hurtful words when they took his wife back to her parental home. After this, the police filed a case against the wife and her family.

However, the Supreme Court bench, including Justices Abhay S. Oka and A.G. Masih, quashed the case. The Court said that using offensive language or making one-time hurtful remarks does not prove that the in-laws pushed the man to take his own life.

The Court also pointed out that the suicide happened almost a month after the alleged incident. During that time, there was no contact between the man and his in-laws. This gap in time made it clear that there was no constant pressure or cruelty from the accused.

The judges explained that for a case under Section 306 IPC to stand, there must be clear proof of abetment as defined in Section 107 IPC. This means there must be clear instigation, conspiracy, or help in the act of suicide. In this case, none of these conditions were met.

The Court said, “Abetment involves a clear mental process of encouraging someone to take a step like suicide. Without a direct act or persistent pressure, the charge of abetment cannot be upheld.”

As a result, the Court allowed the appeal and canceled the case against the wife and her family members.

Case Title:

Shenbagavalli and Others vs. The Inspector of Police, Kancheepuram District and Another

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